Page:Board of Trustees of University of Arkansas v. Andrews.pdf/4

 Andrews responds that the circuit court properly denied RMCC's motion to dismiss because the General Assembly's abrogation of sovereign immunity in the AMWA is constitutional. Andrews claims that the sovereign-immunity exception applies because the plain language of section 11-4-218 demonstrates that the intent of the General Assembly allows for a right of action against the State.

A. Interlocutory Appeal and Standard of Review
Rule 2(a)(10) of the Arkansas Rules of Appellate Procedure–Civil permits an appeal from an interlocutory "order denying a motion to dismiss or for summary judgment based on the defense of sovereign immunity or the immunity of a government official." The rationale behind this rule is that immunity from suit is effectively lost if the case is permitted to go to trial when an immunity argument can prevail. ''Ark. Lottery Comm'n v. Alpha Mktg.'', 2012 Ark. 23, 386 S.W.3d 400.

We generally review a circuit court's decision on a motion to dismiss by treating the facts alleged in the complaint as true and by viewing them in the light most favorable to the plaintiff. ''Kennedy v. Ark. Parole Bd.'', 2017 Ark. 234. When the circuit court is presented with documents outside the pleadings, we treat the case as an appeal from a summary judgment and view the evidence in the light most favorable to the party opposing the motion. Bayird v. Floyd, 2009 Ark. 455, 344 S.W.3d 80. However, when the issues on appeal do not involve factual questions but rather the application of a legal doctrine, we simply determine whether the moving party is entitled to judgment as a matter of law. Id., 344 S.W.3d 80.